New Executive Order on “Gold Standard Science”: FOIA Implications

Source: United States Department of Justice Criminal Division

On May 23, 2025, President Trump issued a new Executive Order No. 14303, “Restoring Gold Standard Science.”  This Executive Order is “committed to restoring a gold standard for science to ensure that federally funded research is transparent, rigorous, and impactful, and that Federal decisions are informed by the most credible, reliable, and impartial scientific evidence available.”[1]  The Executive Order includes a provision that requires agencies to proactively make publicly available certain scientific information.  Specifically, Section 4 states that “agency heads and employees shall adhere to the following rules governing the use, interpretation, and communication of scientific data, unless otherwise provided by law:

(b)  Except as prohibited by law, and consistent with relevant policies that protect national security or sensitive personal or confidential business information, agency heads shall in a timely manner and, to the extent practicable and within the agency’s authority:

(i)  subject to paragraph (ii), make publicly available the following information within the agency’s possession:

(A)  the data, analyses, and conclusions associated with scientific and technological information produced or used by the agency that the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions (influential scientific information), including data cited in peer-reviewed literature; and

(B)  the models and analyses (including, as applicable, the source code for such models) the agency used to generate such influential scientific information.  Employees may not invoke exemption 5 to the Freedom of Information Act [FOIA] (5 U.S.C. 552(b)(5)) to prevent disclosure of such models unless authorized in writing to do so by the agency head following prior notice to the OSTP Director.

(ii)  risk models used to guide agency enforcement actions or select enforcement targets are not information that must be disclosed under this subsection.”[2]

Additionally, the Executive Order defines “scientific information” in the following manner:

  • “Scientific information” means factual inputs, data, models, analyses, technical information, or scientific assessments related to such disciplines as the behavioral and social sciences, public health and medical sciences, life and earth sciences, engineering, physical sciences, or probability and statistics.  This includes any communication or representation of knowledge such as facts or data, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms.[3]

The Section 4 disclosure requirement includes several disclosure limitations.  Section 4 does not require the disclosure of information that the FOIA or another law requires to be withheld.  Certain FOIA exemptions are non-discretionary and would therefore satisfy the “[e]xcept as prohibited by law” limitation of Section 4.  Specifically, FOIA Exemption 1, which protects classified information,[4] and FOIA Exemption 3, which exempts information protected by a statute other than the FOIA,[5] must still be applied to information subject to the Executive Order.  Additionally, the “sensitive personal or confidential business information” provision of the Executive Order would continue to protect information covered by FOIA Exemptions 4, 6, and 7(C).  These exemptions protect, respectively, confidential commercial information obtained by outside parties, and information for which the disclosure constitutes an unwarranted invasion of personal privacy.[6]  Furthermore, the disclosure requirement is limited to “influential scientific information” that “the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions.”[7]  Finally, agencies are not required to publish risk models for agency enforcement actions.[8]

In short, these are the Executive Order’s disclosure-related takeaways:

  • The Executive Order requires proactive public disclosure of “influential scientific information” as well as models and analyses used to generate that information.
  • Such information cannot be withheld from disclosure pursuant to FOIA Exemption 5 absent notice to OSTP and approval from the agency head.
  • However, non-discretionary FOIA exemptions including Exemptions 1, 3, 4, 6, and 7(C) should still be applied to such information where appropriate.
  • Risk models for agency enforcement actions are not subject to the disclosure requirements of the Executive Order.

The Executive Order further required that the Office of Science and Technology Policy (OSTP) issue guidance on implementing the Order.[9]  On June 23, 2025, OSTP issued that guidance entitled, “Agency Guidance for Implementing Gold Standard Science in the Conduct & Management of Scientific Activities.”  This memorandum requires each agency to report their intended actions to implement the Executive Order and OSTP guidance by August 22, 2025.[10] Section 3 provides additional details on what information to include in the agency report.

FOIA personnel should be made aware of the new public disclosure requirements in the Executive Order and should consult with their General Counsel’s Office for any questions regarding implementation of these requirements. Questions regarding the applicability of the FOIA to information subject to the Executive Order may also be directed to OIP.


[1] Exec. Order No. 14,303 § 1, 90 Fed. Reg. 22601 (May 23, 2025).

[2] Id. § 4(b).

[3] Id. § 2(b).

[4] 5 U.S.C. § 552(b)(1).

[5] 5 U.S.C. § 552(b)(3).

[6] See 5 U.S.C. § 552(b)(1), (3), (4), (6), & (7)(C).

[7] Exec. Order No. 14,303 § 4(b)(i)(A).

[8] Id. § 4(b)(ii).

[9] Id. § 3(a).

[10] Off. of Science & Tech. Pol’y, Exec. Off. of the President, Agency Guidance for Implementing Gold Standard Science in the Conduct & Management of Scientific Activities (June 23, 2025).

Justice Department Sues California for Violating Title IX, Denying Girls Athletic Opportunities

Source: United States Department of Justice Criminal Division

The Justice Department’s Civil Rights Division today filed suit to enforce Title IX and protect California female student athletes from unfair competition and reckless endangerment by male participation on female high-school sports teams.

According to the complaint, the California Department of Education (CDE) and the California Interscholastic Federation (CIF) have engaged in illegal sex discrimination against female student athletes by allowing males to compete against them, depriving these girls of the equal education and athletic opportunities afforded to them by federal civil rights law. Thus, the suit seeks declaratory, injunctive, and damages relief for violations of Title IX, which prohibits sex-based discrimination in any education program or activity that receives federal funding.

As alleged in the complaint, the U.S. Department of Education’s “current allocation of funds to CDE for fiscal year 2025 totals approximately $44.3 billion, of which approximately $3.8 billion remains available for drawdown by CDE, including both discretionary grants and formula grants.”

“The Governor of California has previously admitted that it is ‘deeply unfair’ to force women and girls to compete with men and boys in competitive sports,” said Attorney General Pamela Bondi.  “But not only is it ‘deeply unfair,’ it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.”

“Title IX was enacted over half a century ago to protect women and girls from discrimination. The Justice Department will not stand for policies that deprive girls of their hard-earned athletic trophies and ignore their safety on the field and in private spaces,” said Assistant Attorney General Harmeet K. Dhillon. “Young women should not have to sacrifice their rights to compete for scholarships, opportunities, and awards on the altar of woke gender ideology.”

“California is on the wrong side of the law and the wrong side of history,” said United States Attorney Bill Essayli of the Central District of California. “Women deserve dignity, respect, and an equal opportunity to compete on their own sports teams. The time for talk is over. California must comply with Title IX and end its civil rights violations against women. No person, no state, is above the law.”

CDE has authority over CIF and local school districts’ interscholastic athletic policies, and CIF oversees 1.8 million students and over 750,000 student-athletes in grades 9 through 12. The complaint is available here.

Defense News in Brief: U.S. Navy Week Sets Sail for Milwaukee July 14-20, 2025

Source: United States Navy

The U.S. Navy is bringing Navy Week back to Milwaukee from July 14-20, 2025. As part of a nationwide outreach effort, Milwaukee Navy Week will connect Sailors with the community through a variety of performances, educational events, and service projects. The week will conclude with performances by the U.S. Navy Flight Demonstration Squadron, the Blue Angels, during the Milwaukee Air and Water Show, July 19-20.

Maryland Couple Sentenced for $20M Insurance Fraud Scheme

Source: United States Department of Justice Criminal Division

A Maryland husband and wife were sentenced today to 12 years in prison and four years in prison, respectively, after their convictions for a scheme to commit insurance fraud.

The following is according to court documents and evidence presented at trial: James and Maureen Wilson, of Owings Mills, conspired to defraud insurance companies by obtaining over 40 life insurance policies for applicants by mispresenting their health, wealth, and existing life insurance coverage. The total death benefits from these policies exceeded $20 million. The Wilsons also conspired to defraud individual investors to obtain funds that Wilson used to pay premiums on fraudulently obtained life insurance policies.

To conceal the fraud, the Wilsons transferred the money they made from the fraud through multiple bank accounts, including accounts in the name of trusts. The Wilsons filed false individual income tax returns for 2018 and 2019, which did not report as income or pay tax on the approximately $5.7 million and $2 million, respectively, they made from the fraud.

In addition to their prison sentences, Judge Deborah K. Chasanow for the District of Maryland ordered both Wilsons to serve three years of supervised release and to pay approximately $16 million in restitution to victims of the insurance fraud scheme and $2.7 million in restitution to the United States. She also ordered the Wilsons to forfeit approximately $14.8 million in seized funds.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Kelly O. Hayes for the District of Maryland made the announcement.

IRS Criminal Investigation investigated the case with assistance from the Maryland Insurance Administration and the Maryland Office of The Attorney General.

Trial Attorneys Shawn Noud and Richard Kelley of the Tax Division, Assistant U.S. Attorneys Matthew Phelps and Philip Motsay for the District of Maryland, and Trial Attorney Stephanie Williamson of the Justice Department’s Criminal Division prosecuted the case. 

California Bay Area CEO Sentenced for Employment Tax Crimes

Source: United States Department of Justice Criminal Division

A California man was sentenced today to a year and a day in prison for a decade-long scheme to avoid paying over employment taxes to the IRS.

The following is according to court documents and statements made in court: John Comeau, of Santa Clara, was the CEO of Vivid Inc., a company that provided metal coating services to industrial customers in California and elsewhere. Vivid Inc. employed as many as 40 employees at any given time.

Comeau was responsible for withholding Social Security, Medicare, and federal income taxes from the wages of Vivid’s employees and then paying those funds over to the IRS each quarter. The timely payment of these taxes is critical to the functioning of the U.S. government, because, for example, they are the primary source of funding for Social Security and Medicare. The federal income taxes that are withheld from employees’ wages also account for a significant portion of all federal income taxes collected each year.

From the first quarter of 2010 through the fourth quarter of 2019, Vivid Inc. paid its employee a total of over $8.8 million in wages. During this period, Comeau collected and withheld taxes from the wages of Vivid’s employees but did not pay over all the taxes owed to the IRS. He also caused false quarterly employment tax returns to be filed with the IRS, underreporting Vivid’s wages by more than $5 million.

To conceal his scheme, Comeau caused accurate tax forms to be issued to certain employees. These tax forms reported higher wages than the amounts Vivid had reported to the IRS. Comeau also issued tax forms, such as Wage and Tax Statement, Form W-2, to other Vivid employees that underreported their wages. When an employer underreports wages paid to their employees, it may negatively impact those employees’ Social Security benefits, as those forms are used by the Social Security Administration to compute benefits owed to an employee. 

Instead of paying his taxes, Comeau used some of the funds to maintain a comfortable lifestyle that included a $3 million home and luxury cars.

In total, Comeau caused a tax loss to the United States of more than $1.1 million.

In addition to his prison sentence, U.S. District Judge P. Casey Pitts for the Northern District of California ordered Comeau to serve three years of supervised release and pay $1,153,948 in restitution to the IRS.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Craig H. Missakian for the Northern District of California made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorney Mahana Weidler of the Tax Division and Assistant U.S. Attorney Ilham Hosseini for the Northern District of California prosecuted the case.

OmegaPro Founder and Promoter Charged for Running Global $650M Foreign Exchange and Crypto Investment Scam

Source: United States Department of Justice Criminal Division

An indictment was unsealed today in the District of Puerto Rico charging two men for their alleged roles in operating and promoting OmegaPro, an international investment scheme that defrauded victim investors of over $650 million.

According to court documents, Michael Shannon Sims, 48, of Georgia and Florida, was a founder, strategic consultant, and promoter of OmegaPro, and Juan Carlos Reynoso, 57, of New Jersey and Florida, led OmegaPro’s operations in Latin America and parts of the United States, including Puerto Rico.

“As alleged, the defendants preyed upon vulnerable individuals in the U.S. and abroad, defrauding them of over $650 million by making false promises of substantial returns and that their money was safe,” said Matthew R. Galeotti, Head of the Justice Department’s Criminal Division. “The Criminal Division is committed to prosecuting these bad actors and pursuing justice for their many victims. Thanks to the dedicated work of our multiagency and international law enforcement partners, we are leading efforts to combat these complex and insidious digital asset investor scams.”  

“As alleged in the indictment, the defendants operated a global fraud scheme through OmegaPro that deceived investors with false promises of extraordinary returns, only to misappropriate hundreds of millions of victim funds,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We remain committed to dismantling international financial schemes that target U.S. victims — including here in Puerto Rico — and to recovering illicit proceeds through criminal prosecution and asset forfeiture.”

“The FBI will not stand by while the American public is defrauded,” said Assistant Director Joe Perez of the FBI Criminal Investigative Division. “Through coordination with our partners, these individuals will have to defend their actions in a court of law.”

“This case exposes the ruthless reality of modern financial crime,” said Chief Guy Ficco of the IRS Criminal Investigation (IRS-CI). “OmegaPro promised financial freedom but delivered financial ruin – stealing over $650 million from everyday people and vanishing it into virtual currency. These weren’t just scams; they were precision-engineered betrayals. Our job is to stand up for those who’ve been exploited and continue our cross-agency collaboration until those responsible are brought to justice.”

“This case highlights the critical role international partnerships play in dismantling transnational financial fraud schemes that exploit global markets and victimize unsuspecting investors,” said International Operations Assistant Director Ricardo Mayoral of U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI). “HSI remains committed to working with our partners worldwide to disrupt criminal networks that weaponize emerging technologies to conceal illicit profits and defraud the public.”

Sims and co-conspirators established OmegaPro in or about January 2019, and Reynoso joined a few months later, in or about April 2019. As alleged, the defendants and others operated and promoted OmegaPro as a multi-level marketing (MLM) scheme for investors to purchase “investment packages,” which the defendants and others falsely promised would generate 300% returns over 16 months through foreign exchange (forex) trading by elite traders. Investors were instructed to purchase these investment packages using virtual currency.

According to court documents, Sims allegedly misled victims by vouching for OmegaPro’s trading performance and the skills of the hired traders and by falsely advertising the safety of investment in OmegaPro. Reynoso allegedly falsely and misleadingly represented that OmegaPro was operating pursuant to a legitimate license and, at other times, that OmegaPro was not subject to any country’s legal rules. The indictment alleges that Sims and Reynoso, together with co-conspirators, hosted lavish OmegaPro promotional events and trainings all over the world including, for example, projecting the OmegaPro logo onto the Burj Khalifa, the world’s tallest building, at an event in Dubai. The objective of these promotional events allegedly was to convince existing and prospective investors that OmegaPro was a legitimate enterprise that offered a path to wealth and a luxurious lifestyle.

Further, Sims, Reynoso, and their co-conspirators used social media to display their expensive vacations and cars, as well as their designer clothes and watches. The indictment alleges that through the defendants’ and others’ misrepresentations, OmegaPro raised over $650 million in virtual currency from thousands of investors. After OmegaPro announced that it had suffered a network hack, Reynoso and others told victims in or about January 2023 that their investments were secure and that OmegaPro was transferring their investments to another platform called Broker Group. Despite these representations, victims were unable to withdraw money from either their OmegaPro accounts or their accounts at Broker Group, resulting in millions in victim losses.

The more than $650 million in funds raised from victims allegedly was first sent to virtual currency wallet addresses controlled by OmegaPro executives and then allegedly transferred to OmegaPro insiders and high-ranking promoters to disperse the funds and obscure their origins. As alleged, Sims and Reynoso both profited millions from this scheme.

Both defendants are charged with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering. If convicted, Sims and Reynoso each face a maximum penalty of 20 years in prison on each count.

The FBI, IRS-CI, and HSI New York are investigating the case, with assistance from FBI’s Virtual Asset Unit, HSI Bangkok, HSI Bogota, HSI Frankfurt, HSI Istanbul, HSI London, HSI Miami, HSI New Delhi, HSI The Hague, the Office of the Attorney General of Colombia, and the Joint Chiefs of Global Tax Enforcement (J5), an alliance between the Australian Taxation Office, the Canada Revenue Agency, the Dutch Fiscal Intelligence and Investigation Service, His Majesty’s Revenue and Customs from the U.K., and IRS-CI.

Trial Attorneys Ariel Glasner and Tamara Livshiz of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jonathan Gottfried for the District of Puerto Rico and on detail to the Computer Crime and Intellectual Property Section are prosecuting the case.

If you believe you were potentially victimized by OmegaPro or have information relevant to this investigation, please visit the FBI’s Victim Witness website at forms.fbi.gov/victims/omegaprovictims or contact OmegaProVictims@fbi.gov.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Doc Antle, Owner of Myrtle Beach Safari, Sentenced for Federal Wildlife Trafficking and Money Laundering Charges

Source: United States Department of Justice Criminal Division

Co-Defendants Also Sentenced; Woman Pleads Guilty in Related Case for Unlawfully Selling Chimpanzees to Antle

Bhagavan “Doc” Antle, of Myrtle Beach, South Carolina — who was featured in a popular Netflix documentary — was sentenced today to 12 months in prison after pleading guilty to a conspiracy to violate the Lacey Act and launder more than $500,000 for what he believed to be an operation to smuggle illegal immigrants into the United States across the Mexico border. Antle was also ordered to pay a $55,000 fine, serve three years of supervised release, and forfeit three chimpanzees and more than $197,000 to the government.

Two of Antle’s co-defendants were recently sentenced for their separate involvement in either the Lacey Act or money laundering conspiracy. A defendant in a related case recently pleaded guilty to illegally selling a newborn chimpanzee to Antle.

“Today’s sentence holds Doc Antle and his co-defendants accountable for activity they knew was unlawful and unethical,” said Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “They illegally purchased and sold newborn endangered wildlife even as they laundered more than $500,000 in smuggling money — all while promoting themselves as conservationists.”

“Doc Antle portrayed himself as a conservationist. But in reality, he was a key player in the illegal chimpanzee trade, and he laundered more than half a million dollars through a complex web of deceit,” said U.S. Attorney Bryan Stirling for the District of South Carolina. “We are grateful to our law enforcement partners for their work in bringing the defendant to justice for both of these federal crimes.”

“These sentences should send a clear message: the FBI and our partners will not tolerate those who attempt to violate our laws,” said Special Agent in Charge Kevin Moore of the FBI Columbia Field Office. “We remain firmly committed to investigating and holding accountable individuals whose illegal actions threaten our financial systems and put protected species at risk.”

“This case underscores the grave criminal threat posed by wildlife traffickers who not only exploit vulnerable species for profit but also use sophisticated money laundering tactics to conceal their crimes,” said Assistant Director Douglas Ault of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Our special agents uncovered a complex network of illicit activity involving the trafficking of endangered animals — including baby chimpanzees and cheetahs — falsified documentation, and the laundering of hundreds of thousands of dollars through purported nonprofit organizations. These traffickers operated under the false pretense of conservation, betraying both the law and public trust. We remain unwavering in our commitment to dismantling such networks and bringing those responsible to justice.”

The wildlife conspiracy outlined various schemes Antle used to hide his illegal trafficking in endangered species, including requiring payments to be “donations” funneled through his non-profit, The Rare Species Fund; conducting transactions in bulk cash to hide their true nature; and creating false paperwork to hide the illegality of his wildlife transactions. The animals trafficked included baby chimpanzees, cheetahs, lions, and tigers, all of which are protected under both the Endangered Species Act and international treaties. The Lacey Act prohibits trafficking of illegally taken wildlife, fish or plants, including animals protected under the Endangered Species Act.

Antle’s co-defendant in the wildlife conspiracy, Jason Clay, was recently sentenced to four months in prison, four months home confinement, and to pay a $4,000 fine into the Lacey Act Reward Fund. In 2019, Clay illegally sold a juvenile chimpanzee to Antle in exchange for $200,000 in cash and a juvenile gibbon. 

As for the money laundering conspiracy, Antle and a co-defendant laundered more than $500,000 in cash between February and April 2022 that were represented to be proceeds from an operation to smuggle illegal immigrants across the Mexican border into the United States. Evidence presented to the court showed that Antle planned to conceal the cash he received by writing checks for what appeared to be construction-related services for Myrtle Beach Safari, which he owned and operated, and which was featured in the Netflix documentary. The Myrtle Beach Safari is a 50-acre for-profit zoo that offers tours and private encounters with exotic wildlife.

Antle’s co-defendant in the money laundering conspiracy, Andrew Sawyer, was recently sentenced to serve two years of probation including eight months of home detention. He also forfeited nearly $185,000 to the government and a chimpanzee.

In a different Lacey Act violation case connected to Antle, Shaylynn Kolwyck-Peterson pleaded guilty last month to illegally selling a chimpanzee to Antle in 2022 for $200,000. The Kolwyck family owns and manages the private Sunshine Zoological Preserve LLC in north Florida. The facility is believed to be the only one in the United States breeding chimpanzees for private or non-scientific purposes.

The FBI and the U.S. Fish and Wildlife Service investigated the case.

Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Amy Bower for the District of South Carolina prosecuted the case.